Searching for an Aggressive Lawyer for Your Impaired Driving Case in Troy, Michigan?
Being arrested and charged with driving while intoxicated by marijuana in Troy, Michigan is a very serious offense, and if you’re convicted you could face strict penalties including: jail, probation with tough conditions, fines and costs, driver’s license sanctions, and increased insurance rates. Local Troy Michigan lawyer Daniel Hilf is very compassionate to your current legal situation, he has represented many people accused of driving under the influence of marijuana in Troy Michigan at the 52/4 District Court (520 West Big Beaver Road, Troy 48084), and he wants to help you obtain a great outcome through his outstanding legal representation. Even though your marijuana related impaired driving case has its own particular facts and circumstances, there are ways in which a experienced criminal defense attorney, such as attorney Daniel Hilf, can help you defend this charge with his legal acumen, sharp litigation skills, and criminal defense experience.
With every marijuana driving related case there is some particular reason that brought you in contact with a law enforcement officer – a traffic stop, a call from a concerned citizen, an accident, a disabled vehicle, etc. When it comes to conducting a traffic stop, a police officer needs to observe some sort of traffic violation (invalid license plate, speeding, improper turn, weaving, tailgating, ran a red light), equipment violation (cracked windshield, broken tail light, headlight that is not operating) or otherwise have a valid legal basis in order to legally pull you over. There must be the existence of probable cause for a traffic stop to legally occur in Michigan, which means that the police officer needs to have an objective articulable and reasonable suspicion that the driver or passenger violated a State law or local ordinance (as long as there was any lawful basis for the stop, it does not matter if the officer used that as his or her reason or pretext to conduct the traffic stop). If the driver of the vehicle is already stopped at the side of the road (asking for directions, a car accident, mechanical issues) a police officer is generally allowed to approach the driver and the vehicle occupants and ask questions.
Once the police officer makes contact with you, the police officer may also make personal observations that might lead to an additional investigation which may include any of the following: the smell of marijuana; red, watery, or glassy eyes; poor balance and coordination; other visible signs of intoxication. This may lead the police officer to request that the driver perform the standard field sobriety tests that you probably have seen on television (one leg stand, walk and turn, horizontal gaze nystagmus [HGN], count backwards) in order to develop probable cause that the driver was operating under the influence of marijuana, alcohol, or some other substance. If there is a proper foundation established from the field sobriety tests that were administered to the driver (if the driver did not perform the tests to the satisfaction of the police officer), the police officer may administer a preliminary breath test (PBT) from a handheld instrument used to determine if there is the presence and level of alcohol in the alleged driver’s body. The totality of the police officers observations during the traffic stop and his or her interaction with the driver may wrongly or rightly lead to an arrest for suspicion of driving while impaired by marijuana. If alcohol is not a factor, typically the police will seek (either by consent or through a search warrant) for blood draw to occur to produce evidence of intoxication (such as the existence of THC).
An invalid traffic stop is a potential Constitutional basis for your defense attorney to seek to suppress the evidence gathered against you, which may require your lawyer to conduct an evidentiary hearing in order for the Court to make a determination whether or not the stop was lawful in your case. Even if the arrest made by police in your case was by the book and completely lawful, there may still be a legal basis to challenge the testing procedures that occurred as it relates to your blood draw, or to challenge a statement that you allegedly made to the police officer to keep them from being used against you.
There is evidence that may exist which will aid your lawyer in the defense of your alleged driving under the influence of marijuana case that he or she is entitled to receive from the city attorney or prosecuting attorney. Many police cars (including the police cars used in Troy Michigan) have video and audio recording capabilities: the video is typically from the vantage point of the front of the police car looking forward, and there is a second camera facing the rear passenger seating area of the police car to record anyone seated inside; the audio is typically from a microphone worn by the police officer that is sensitive enough to record conversations the police officer is engaging in. Police officers from some jurisdictions wear body cameras to preserve the police officer’s observations during their traffic and criminal investigations (Troy Police do not typically use body cameras). Your lawyer can obtain the police reports, witness statements, and lab results concerning blood testing in order to aid in your defense.
Hire a Top Rated Local Troy Michigan Criminal Defense Lawyer For Your Marijuana Related Driving Offense
The skillset of your lawyer is invaluable in the defense of your driving under the influence of marijuana case in the following manners: the ability to effectively question and cross examine any and all witness(es) called to testify; legal research ability; trial experience and the ability to effectively advocate on your behalf; the legal acumen to provide you with great advice; etc. Your marijuana related driving defense in Troy Michigan is only as good as the criminal defense lawyer who is presenting your marijuana related driving defense.
The type and severity of the charge prosecuted may depend upon a number of different factors, including: the nature of the substance that you allegedly used (alcohol, marijuana, prescription medication, etc.); the level of your alleged intoxication; your prior criminal conviction(s) [if any] for driving under the influence/impaired driving; whether or not there was the presence of a minor child in the vehicle during the alleged incident in question; and whether or not an injury or death resulted from the allegation. These same factors can also impact the bond amount and bond conditions (such as the frequency of testing for drugs and alcohol) set by a Judge magistrate at the 52/4 District Court in Troy, Michigan for your case at arraignment or pretrial.
There are several potentially applicable defenses which apply to allegedly driving under the influence of marijuana, in addition to the aforementioned evidentiary issues: the person charged was not actually the driver of the vehicle (for example, the driver and the passenger switched positions); the driver was not actually impaired when the driving occurred; the driving in question was the result of a medical condition and not intoxication; etc. Reasons for performing poorly on field sobriety tests are sometimes not the result of being impaired by marijuana, but of other factors such as: medical conditions, prior or existing injuries, poor lighting, bad road conditions, the weather conditions, inability to hear the instructions, the officer’s assessment was false, and other potentially valid reasons. Beyond a shadow of all doubt, the only way to present a strong and compelling legal defense for your marijuana related DUI cases to a Judge or jury in Troy Michigan or elsewhere is to have experienced and capable legal counsel in charge of your defense.
In some instances, attempting to reach a plea bargain (a potential agreement with the Troy city attorney/Oakland County Prosecutor’s office to reduce or dismiss a charge or charges) or attempting to reach a sentence agreement may be your best course of action for your Troy Michigan marijuana related case. The negotiation skills of the lawyer who represents you may play an important role in your ability to receive favorable consideration from the prosecutor or your Judge. Sometimes your lawyer will have to give you proactive advice to increase your odds of receiving a favorable outcome for your marijuana related DUI case when everything is said and done.
Just because you were charged with driving under the influence of marijuana, that doesn’t guarantee you’ll be convicted of this offense. A conviction for driving under the influence of marijuana does not always mean that you will be incarcerated. When you hire attorney Daniel Hilf of Hilf & Hilf, PLC to be your criminal defense attorney he will give you his strong expert advice, he will zealously and aggressively represent you, and he will instill in you the confidence that your defense is placed in very capable hands.